Connecticut 2021 Regular Session

Connecticut House Bill HB06445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-R01-
4		-	HB.docx
5		-	1 of 5
6	3
7		-	General Assembly Substitute Bill No. 6445
	4	+
	5	+	LCO No. 3216 1 of 6
	6	+
	7	+	General Assembly Governor's Bill No. 6445
8	8		January Session, 2021
	9	+	LCO No. 3216
	10	+
	11	+
	12	+	Referred to Committee on GENERAL LAW
	13	+
	14	+
	15	+	Introduced by:
	16	+	Request of the Governor Pursuant
	17	+	to Joint Rule 9
9	18
10	19
11	20
12	21
13	22
14	23		AN ACT EXPANDING ECO NOMIC OPPORTUNITY IN OCCUP ATIONS
15	24		LICENSED BY THE DEPA RTMENT OF CONSUMER P ROTECTION.
16	25		Be it enacted by the Senate and House of Representatives in General
17	26		Assembly convened:
18	27
19	28		Section 1. (NEW) (Effective October 1, 2021) (a) An occupational or 1
20	29		professional license, permit, certification or registration issued by the 2
21	30		Department of Consumer Protection shall be issued, in the occupation 3
22	31		or profession applied for and at a practice level determined by the 4
23		-	department, to a person who is ~~(1)~~ a resident of this state, as defined in 5
24		-	section 12-701 of the general statutes, or ~~(2)~~ married to an active duty 6
25		-	member of the armed forces of the United States and accompanies ~~such~~ 7
	32	+	department, to a person who is a resident of this state as defined in 5
	33	+	section 12-701 of the general statutes or who is married to an active duty 6
	34	+	member of the armed forces of the United States and accompanies said 7
26	35		member, pursuant to an official permanent change of station, to a 8
27		-	military installation located in this state, if such person: 9
28		-	(A) Holds a valid license, permit, certification or registration in at 10
29		-	least one other jurisdiction in the occupation or profession applied for; 11
30		-	(B) Has practiced under such license, permit, certification or 12
31		-	registration for not less than four years; 13
32		-	(C) Is in good standing in all jurisdictions in which he or she holds a 14
33		-	license, permit, certification or registration and has not had a license, 15
34		-	permit, certification or registration revoked or discipline imposed by 16
35		-	any jurisdiction, does not have a complaint, allegation or investigation 17 Substitute Bill No. 6445
	36	+	military installation located in this state if: 9
	37	+	(1) The person holds a valid license, permit, certification or 10
	38	+	registration in at least one other jurisdiction in the occupation or 11
	39	+	profession applied for; 12
	40	+	(2) The person has practiced under such license, permit, certification 13
	41	+	or registration for not less than one year; 14 Governor's Bill No. 6445
36	42
37	43
38		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-
39		-	R01-HB.docx }
40		-	2 of 5
41	44
42		-	related to unprofessional conduct pending in any jurisdiction and has 18
43		-	not voluntarily surrendered a license, permit, certification or 19
44		-	registration while under investigation for unprofessional conduct in any 20
45		-	jurisdiction; 21
46		-	(D) Satisfies any background check or character and fitness check 22
47		-	required of other applicants for the license, permit, certification or 23
48		-	registration; 24
49		-	(E) Pays all fees required of other applicants for the license, permit, 25
50		-	certification or registration; and 26
51		-	(F) Takes and passes all or a portion of any examination required of 27
52		-	other persons applying for the license, permit, certification or 28
53		-	registration. 29
54		-	(b) Any person issued a license, permit, certification or registration 30
55		-	pursuant to this section shall be subject to the laws of this state and the 31
56		-	jurisdiction of the Department of Consumer Protection. 32
57		-	(c) Notwithstanding the other provisions of this section, the 33
58		-	Commissioner of Consumer Protection may deny an occupational or 34
59		-	professional license, permit, certification or registration if the 35
60		-	commissioner finds such denial is in the best interest of the state. 36
61		-	(d) A person applying for a license, permit, certification or 37
62		-	registration that is not required to practice an occupation or profession 38
63		-	in at least twenty-five states who relocates to this state from another 39
64		-	state that did not require a license, permit, certification or registration to 40
65		-	practice the person's occupation or profession may be considered to 41
66		-	have satisfied the conditions of subparagraphs (A) and (B) of 42
67		-	subdivision (2) of subsection (a) of this section if he or she establishes to 43
68		-	the satisfaction of the Department of Consumer Protection that he or she 44
69		-	has three or more years of related work experience with a substantially 45
70		-	similar scope of practice within the four years preceding the date of 46
71		-	application to said department. 47 Substitute Bill No. 6445
	45	+	LCO No. 3216 2 of 6
	46	+
	47	+	(3) The person is in good standing in all jurisdictions in which he or 15
	48	+	she holds a license, permit, certification or registration and has not had 16
	49	+	a license, permit, certification or registration revoked or discipline 17
	50	+	imposed by any jurisdiction, does not have a complaint, allegation or 18
	51	+	investigation related to unprofessional conduct pending in any 19
	52	+	jurisdiction, and has not voluntarily surrendered a license, permit, 20
	53	+	certification or registration while under investigation for unprofessional 21
	54	+	conduct in any jurisdiction; 22
	55	+	(4) The person satisfies any background check or character and fitness 23
	56	+	check required of other applicants for the license, permit, certification or 24
	57	+	registration; and 25
	58	+	(5) The person pays all fees required of other applicants for the 26
	59	+	license, permit, certification or registration. 27
	60	+	(b) In addition to the requirements set forth in subsection (a) of this 28
	61	+	section, the Department of Consumer Protection shall require a person 29
	62	+	to take and pass all or a portion of any examination required of other 30
	63	+	persons applying for the license, permit, certification or registration 31
	64	+	unless the person has taken an exam acceptable to the department or 32
	65	+	there is a reciprocal arrangement with the jurisdiction in which the 33
	66	+	person is currently credentialed. 34
	67	+	(c) Any person issued a license, permit, certification or registration 35
	68	+	pursuant to this section shall be subject to the laws of this state and the 36
	69	+	jurisdiction of the Department of Consumer Protection. 37
	70	+	(d) Notwithstanding the provisions of this section, the Commissioner 38
	71	+	of Consumer Protection may deny an occupational or professional 39
	72	+	license, permit, certification or registration if he or she finds such denial 40
	73	+	is in the best interest of the state. 41
	74	+	(e) A person applying for a license, permit, certification or 42
	75	+	registration that is not required to practice an occupation or profession 43
	76	+	in at least twenty-five states who relocates to this state from another 44
	77	+	state that did not require a license, permit, certification or registration to 45 Governor's Bill No. 6445
72	78
73	79
74		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-
75		-	R01-HB.docx }
76		-	3 of 5
77	80
78		-	Sec. 2. Section 20-333 of the general statutes is repealed and the 48
79		-	following is substituted in lieu thereof (Effective October 1, 2021): 49
80		-	(a) To obtain a license under this chapter, an applicant shall have 50
81		-	attained such applicant's eighteenth birthday and shall furnish such 51
82		-	evidence of competency as the appropriate board or the Commissioner 52
83		-	of Consumer Protection shall require. A recommendation for review 53
84		-	issued pursuant to section 31-22u shall be sufficient to demonstrate such 54
85		-	competency. The applicant shall satisfy such board or the commissioner 55
86		-	that such applicant [is of good moral character,] possesses a diploma or 56
87		-	other evidence of graduation from the eighth grade of grammar school, 57
88		-	or possesses an equivalent education to be determined on examination 58
89		-	and has the requisite skill to perform the work in the trade for which 59
90		-	such applicant is applying for a license and can comply with all other 60
91		-	requirements of this chapter and the regulations adopted under this 61
92		-	chapter. A recommendation for review issued pursuant to section 31-62
93		-	22u shall be sufficient to demonstrate that an applicant possesses such 63
94		-	requisite skill and can comply with all other requirements of this chapter 64
95		-	and the regulations adopted under this chapter. For any application 65
96		-	submitted pursuant to this section that requires a hearing or other action 66
97		-	by the applicable examining board or the commissioner, such hearing 67
98		-	or other action by the applicable examining board or the commissioner 68
99		-	shall occur not later than thirty days after the date of submission for 69
100		-	such application. Upon application for any such license, the applicant 70
101		-	shall pay to the department a nonrefundable application fee of ninety 71
102		-	dollars for a license under subdivisions (2) and (3) of subsection (a) and 72
103		-	subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable 73
104		-	application fee of one hundred fifty dollars for a license under 74
105		-	subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection 75
106		-	(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of 76
107		-	subsection (e) of section 20-334a. Any such application fee shall be 77
108		-	waived for persons who present a recommendation for review issued 78
109		-	pursuant to section 31-22u. 79
110		-	(b) The department shall conduct such written, oral and practical 80 Substitute Bill No. 6445
	81	+	LCO No. 3216 3 of 6
	82	+
	83	+	practice the person's occupation or profession may be considered to 46
	84	+	have satisfied the conditions of subdivisions (1) and (2) of subsection (a) 47
	85	+	of this section if he or she establishes to the satisfaction of the 48
	86	+	Department of Consumer Protection that he or she has three or more 49
	87	+	years of related work experience with a substantially similar scope of 50
	88	+	practice within the four years preceding the date of application to such 51
	89	+	department. 52
	90	+	Sec. 2. Section 20-333 of the general statutes is repealed and the 53
	91	+	following is substituted in lieu thereof (Effective October 1, 2021): 54
	92	+	(a) To obtain a license under this chapter, an applicant shall have 55
	93	+	attained such applicant's eighteenth birthday and shall furnish such 56
	94	+	evidence of competency as the appropriate board or the Commissioner 57
	95	+	of Consumer Protection shall require. A recommendation for review 58
	96	+	issued pursuant to section 31-22u shall be sufficient to demonstrate such 59
	97	+	competency. The applicant shall satisfy such board or the commissioner 60
	98	+	that such applicant [is of good moral character,] possesses a diploma or 61
	99	+	other evidence of graduation from the eighth grade of grammar school, 62
	100	+	or possesses an equivalent education to be determined on examination 63
	101	+	and has the requisite skill to perform the work in the trade for which 64
	102	+	such applicant is applying for a license and can comply with all other 65
	103	+	requirements of this chapter and the regulations adopted under this 66
	104	+	chapter. A recommendation for review issued pursuant to section 31-67
	105	+	22u shall be sufficient to demonstrate that an applicant possesses such 68
	106	+	requisite skill and can comply with all other requirements of this chapter 69
	107	+	and the regulations adopted under this chapter. For any application 70
	108	+	submitted pursuant to this section that requires a hearing or other action 71
	109	+	by the applicable examining board or the commissioner, such hearing 72
	110	+	or other action by the applicable examining board or the commissioner 73
	111	+	shall occur not later than thirty days after the date of submission for 74
	112	+	such application. Upon application for any such license, the applicant 75
	113	+	shall pay to the department a nonrefundable application fee of ninety 76
	114	+	dollars for a license under subdivisions (2) and (3) of subsection (a) and 77
	115	+	subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable 78
	116	+	application fee of one hundred fifty dollars for a license under 79 Governor's Bill No. 6445
111	117
112	118
113		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-
114		-	R01-HB.docx }
115		-	4 of 5
116	119
117		-	examinations as the appropriate board, with the consent of the 81
118		-	commissioner, deems necessary to test the knowledge of the applicant 82
119		-	in the work for which a license is being sought. The department shall 83
120		-	allow any applicant, who has not participated in an apprenticeship 84
121		-	program but presents a recommendation for review issued pursuant to 85
122		-	section 31-22u, to sit for any such examination. Any person completing 86
123		-	the required apprentice training program for a journeyman's license 87
124		-	under section 20-334a shall, within thirty days following such 88
125		-	completion, apply for a licensure examination given by the department. 89
126		-	If an applicant does not pass such licensure examination, the 90
127		-	commissioner shall provide each failed applicant with information on 91
128		-	how to retake the examination and a report describing the applicant's 92
129		-	strengths and weaknesses in such examination. Any apprentice permit 93
130		-	issued under section 20-334a to an applicant who fails three licensure 94
131		-	examinations in any one-year period shall remain in effect if such 95
132		-	applicant applies for and takes the first licensure examination given by 96
133		-	the department following the one-year period from the date of such 97
134		-	applicant's third and last unsuccessful licensure examination. 98
135		-	Otherwise, such permit shall be revoked as of the date of the first 99
136		-	examination given by the department following expiration of such 100
137		-	one-year period. 101
138		-	(c) The Commissioner of Consumer Protection, subject to section 46a-102
139		-	80, may deny a license or may issue a license pursuant to a consent order 103
140		-	containing conditions that shall be met by the applicant if the applicant 104
141		-	reports that he or she has been found guilty or convicted as a result of 105
142		-	an act which constitutes a felony under (1) the laws of this state at the 106
143		-	time of application for such license, (2) federal law at the time of 107
144		-	application for such license, or (3) the laws of another jurisdiction, and 108
145		-	which, if committed within this state, would constitute a felony under 109
146		-	the laws of this state. 110
147		-	[(c)] (d) When an applicant has qualified for a license, the department 111
148		-	shall, upon receipt of the license fee or upon waiver of such fee pursuant 112
149		-	to section 20-335, issue to such applicant a license entitling such 113 Substitute Bill No. 6445
	120	+	LCO No. 3216 4 of 6
	121	+
	122	+	subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection 80
	123	+	(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of 81
	124	+	subsection (e) of section 20-334a. Any such application fee shall be 82
	125	+	waived for persons who present a recommendation for review issued 83
	126	+	pursuant to section 31-22u. 84
	127	+	(b) The department shall conduct such written, oral and practical 85
	128	+	examinations as the appropriate board, with the consent of the 86
	129	+	commissioner, deems necessary to test the knowledge of the applicant 87
	130	+	in the work for which a license is being sought. The department shall 88
	131	+	allow any applicant, who has not participated in an apprenticeship 89
	132	+	program but presents a recommendation for review issued pursuant to 90
	133	+	section 31-22u, to sit for any such examination. Any person completing 91
	134	+	the required apprentice training program for a journeyman's license 92
	135	+	under section 20-334a shall, within thirty days following such 93
	136	+	completion, apply for a licensure examination given by the department. 94
	137	+	If an applicant does not pass such licensure examination, the 95
	138	+	commissioner shall provide each failed applicant with information on 96
	139	+	how to retake the examination and a report describing the applicant's 97
	140	+	strengths and weaknesses in such examination. Any apprentice permit 98
	141	+	issued under section 20-334a to an applicant who fails three licensure 99
	142	+	examinations in any one-year period shall remain in effect if such 100
	143	+	applicant applies for and takes the first licensure examination given by 101
	144	+	the department following the one-year period from the date of such 102
	145	+	applicant's third and last unsuccessful licensure examination. 103
	146	+	Otherwise, such permit shall be revoked as of the date of the first 104
	147	+	examination given by the department following expiration of such 105
	148	+	one-year period. 106
	149	+	(c) The Commissioner of Consumer Protection, subject to section 46a-107
	150	+	80, may deny a license or may issue a license pursuant to a consent order 108
	151	+	containing conditions that shall be met by the applicant if the applicant 109
	152	+	reports that he or she has been found guilty or convicted as a result of 110
	153	+	an act which constitutes a felony under (1) the laws of this state at the 111
	154	+	time of application for such license, (2) federal law at the time of 112
	155	+	application for such license, or (3) the laws of another jurisdiction, and 113 Governor's Bill No. 6445
150	156
151	157
152		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-
153		-	R01-HB.docx }
154		-	5 of 6
155	158
156		-	applicant to engage in the work or occupation for which a license was 114
157		-	sought and shall register each successful applicant's name and address 115
158		-	in the roster of licensed persons authorized to engage in the work or 116
159		-	occupation within the appropriate board's authority. All fees and other 117
160		-	moneys collected by the department shall be promptly transmitted to 118
161		-	the State Treasurer as provided in section 4-32. 119
162		-	Sec. 3. (Effective October 1, 2021) The Departments of Administrative 120
163		-	Services, Agriculture, Consumer Protection, Correction, Emergency 121
164		-	Services and Public Protection and Public Health, the Labor 122
165		-	Department, and the Office of Early Childhood shall, not later than 123
166		-	January 1, 2022, report to the Secretary of the Office of Policy and 124
167		-	Management on (1) the number of employees who perform background 125
168		-	checks related to the department's or office's licensing functions, the job 126
169		-	classifications of such employees, and the type or level of clearance of 127
170		-	the background checks that are being performed, (2) the number of 128
171		-	hours each such employee spends on average per week performing 129
172		-	background checks, and (3) for any licenses in which some education or 130
173		-	training is required of the applicant prior to obtaining a license, the 131
174		-	feasibility of establishing a preclearance assessment of criminal history 132
175		-	prior to potential applicants beginning such education or training. Such 133
176		-	recommendations shall additionally assess the feasibility of centralizing 134
177		-	and standardizing background checks performed by state government 135
178		-	agencies and shall address any related issues of delegation of authority 136
179		-	by such agencies. 137
	159	+	LCO No. 3216 5 of 6
	160	+
	161	+	which, if committed within this state, would constitute a felony under 114
	162	+	the laws of this state. 115
	163	+	[(c)] (d) When an applicant has qualified for a license, the department 116
	164	+	shall, upon receipt of the license fee or upon waiver of such fee pursuant 117
	165	+	to section 20-335, issue to such applicant a license entitling such 118
	166	+	applicant to engage in the work or occupation for which a license was 119
	167	+	sought and shall register each successful applicant's name and address 120
	168	+	in the roster of licensed persons authorized to engage in the work or 121
	169	+	occupation within the appropriate board's authority. All fees and other 122
	170	+	moneys collected by the department shall be promptly transmitted to 123
	171	+	the State Treasurer as provided in section 4-32. 124
	172	+	Sec. 3. (NEW) (Effective October 1, 2021) The Departments of 125
	173	+	Administrative Services, Agriculture, Consumer Protection, Correction, 126
	174	+	Emergency Services and Public Protection and Public Health, the Labor 127
	175	+	Department, and the Office of Early Childhood shall, within ninety 128
	176	+	days, report to the Secretary of the Office of Policy and Management on 129
	177	+	(1) the number of employees that perform background checks related to 130
	178	+	the Agency's licensing functions, the job classifications of such 131
	179	+	employees, and the type or level of clearance of the background checks 132
	180	+	that are being performed, (2) the number of hours each such employee 133
	181	+	spends on average per week performing background checks, and (3) for 134
	182	+	any licenses in which some education or training is required of the 135
	183	+	applicant prior to obtaining a license, the feasibility of establishing a 136
	184	+	preclearance assessment of criminal history prior to potential applicants 137
	185	+	beginning such education or training. Such recommendations shall 138
	186	+	additionally assess the feasibility of centralizing and standardizing 139
	187	+	background checks performed by state government agencies and shall 140
	188	+	address any related issues of delegation of authority by such agencies. 141
180	189		This act shall take effect as follows and shall amend the following
181	190		sections:
182	191
183	192		Section 1 October 1, 2021 New section
184	193		Sec. 2 October 1, 2021 20-333
185		-	Sec. 3 October 1, 2021 New section
186		-
187		-	Statement of Legislative Commissioners:
188		-	Section 1(a) was reorganized for clarity.
189		-	Substitute Bill No. 6445
	194	+	Sec. 3 October 1, 2021 New section Governor's Bill No. 6445
190	195
191	196
192		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-
193		-	R01-HB.docx }
194		-	6 of 6
195	197
196		-	GL Joint Favorable Subst.
	198	+	LCO No. 3216 6 of 6
	199	+
	200	+
	201	+	Statement of Purpose:
	202	+	To implement the Governor's budget recommendations.
	203	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	204	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	205	+	underlined.]
197	206